Telangana High Court
Sirrasomaiah vs The Singareni Collieries Co. Ltd. on 30 June, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.11065 OF 2020
ORDER:
Heard Ch.Venkat Raman, learned counsel appearing
on behalf of the petitioner and Sri P.Sri Harsha Reddy,
learned standing counsel appearing on behalf of the
respondents.
2. The petitioner approached the Court seeking prayer
as under:
"...pleased to issue to a writ order or direction more
particularly one in the nature of Writ of Mandamus
declaring that the action of the 5th Respondent
Corporate Medical Board of the 1st Respondent
Company dated 27.06.2020 in so far declaring that the
petitioner is medically it for service in the same job, as
illegal, arbitrary and violative of principles of natural
justice contrary to the Mines Act, 1952 and its Rules
1955 specifically under Rule 29(F) (1) Rule 29-J and
Rule 29 (L) and also contrary to the provisions of the
National Coal Wages Agreement, and consequently set
aside the same, by holding that the petitioner is eligible
and entitled for re-medical examination in respect of his
health problems before the respondents 6 and 7 and
pass..."
SN, J
3. The case of the petitioner in brief as per the
averments made in the affidavit filed by the petitioner in
support of the present Writ Petition is as under:-
The petitioner is working as a Pump Operator in the 1st
Respondent-Company and the petitioner has been diagnosed
with multiple health conditions, including paralysis, minor brain
bleed, and cardiac issues and petitioner received treatment from
Area Hospital and the Main Hospital of the 1st Respondent
Company. Thereafter, the petitioner was examined by the 5th
Respondent-Corporate Medical Board and the 5th respondent
declared that the petitioner is medically fit for the same post on
27.06.2020.
It is further the case of the petitioner that the medical
examination was not conducted in accordance with the Mines
Act, 1952 and Mines Rules, 1955, and the petitioner was not
provided with a copy of his medical certificate or its reasoning for
holding that the petitioner is medically fit for the job by the 5th
respondent, thereby denying the petitioner his statutory right of
appeal to the 7th respondent/Appellant Medical Board as
contemplated under the Indian Medical Council Act, 1956.
SN, J
Aggrieved by the same, the petitioner preferred the present writ
petition.
4. Learned counsel appearing on behalf of the
petitioner submits that the subject issue in the present
Writ Petition is squarely covered by the orders of this
Court, dated 19.10.2023 passed in W.P.No.29477 of 2023,
and the orders dated 19.11.2024 passed in
W.P.Nos.20150 of 2019 & batch and the orders dated,
16.07.2024 passed in W.P.Nos.4025 of 2022 & batch and
hence, the Writ Petitioner is entitled for the relief of
issuance of Form "O" certificate by the respondents to
the petitioner to enable the petitioner to prefer an Appeal
to the Appellate Medical Board i.e.,7th respondent
herein/Director General of Mines & Safety, Dhanbad,
Jharkhand State and also to enable the petitioner to
submit all the medical records of the petitioner to
Appellate Medical Board for taking necessary action on
the appeal to be preferred by the petitioner.
5. Learned standing counsel appearing on behalf of the
respondents submits that the relief as granted by this
SN, J
Court dated, 16.07.2024 passed in W.P.Nos.4025 of 2022
and batch and other similar orders relied upon by the
petitioner cannot be granted to the petitioner herein,
since the relevant records pertaining to the petitioner
have to be examined prior to issuance of the Form "O"
certificate in favour of the petitioner and further that the
petitioner had not applied for the same to the 3rd
respondent as on date and hence, it is open to the
petitioner to make an application /representation to the
3rd respondent seeking issuance of Form "O" certificate to
the petitioner herein to enable the petitioner to prefer an
appeal to the Appellate Medial Board/7th respondent
herein and the same would be considered in accordance to
law, after due examination of the relevant records
pertaining to the petitioner herein and appropriate orders
would be passed in due course on the said representation
to be submitted by the petitioner to the 3rd respondent
herein within a reasonable period.
6. Learned counsel appearing on behalf of the petitioner
does not dispute the said submission made by the learned
standing counsel appearing on behalf of the respondents.
SN, J
7. Taking into consideration:-
a) The aforesaid facts and circumstances of the case.
b) The submissions made by the learned counsel
appearing on behalf of the petitioner and learned standing
counsel appearing on behalf of the respondents.
c) The judgments of this court enlisted below:-
i) Order dated 19.10.2023 passed in W.P.No.29477
of 2023,
ii) Order dated 19.11.2024 passed in W.P.Nos.20150
of 2019 & batch and
iii) Order dated, 16.07.2024 passed in W.P.Nos.4025
of 2022 & batch
The Writ Petition is disposed of directing the
petitioner to submit a detailed representation to the 3rd
respondent, duly enclosing the orders dated 19.10.2023
passed in W.P.No.29477 of 2023, and the orders dated
19.11.2024 passed in W.P.Nos.20150 of 2019 & batch and
the orders dated, 16.07.2024 passed in W.P.Nos.4025 of
2022 & batch , seeking issuance of Form "O" certificate to
the petitioner herein to enable the petitioner to prefer an
SN, J
Appeal to Appellate Medical Board/7th respondent herein,
and upon the petitioner making the said
application/representation within a period of one (01)
week from the date of receipt of copy of the order, the 3rd
respondent is directed to consider the same, in
accordance to law, duly taking into consideration the view
and observations of this Court in the judgments, dated
19.10.2023 passed in W.P.No.29477 of 2023, and the
judgment dated 19.11.2024 passed in W.P.Nos.20150 of
2019 & batch and the judgment dated, 16.07.2024 passed
in W.P.Nos.4025 of 2022 & batch duly examining the
relevant records pertaining to the petitioner and pass
appropriate orders on the said application/representation
within a period of six (06) weeks from the date of receipt
of copy of the order and duly communicate the decision to
the petitioner, pertaining to the request of the petitioner
for issuance of "O" certificate so as to enable the
petitioner to prefer an Appeal to Appellate Medical
Board/7th respondent herein. However, there shall be no
order as to costs.
SN, J
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
___________________________
MRS. JUSTICE SUREPALLI NANDA
Date: 30.06.2025
ktm
